Salmon Farm Court Challenge!

[cohochinook]

Come support Alexandra Morton Tomorrow, Tuesday 11 am at the
BC Supreme Court

A great friend of wild salmon and fish scientist, Alexandra Morton,
will be holding an informal press conference on the steps of the BC
Supreme Court (at Nelson & Hornby Streets), Downtown Vancouver at 11
am Tomorrow, Tuesday May 6th, after filing a constitutional challenge
in BC Supreme Court over the right of the BC Government to regulate
fish farms. So please come on down and bring a friend.

Alexandra also needs people to donate money to support her court
costs, so check out the website: http://www.adopt-a-fry.org/

Also, please write our governments asking them to immediately shutdown
salmon farms, especially in the Broughton Archipelago, to protect our
wild salmon, as they are in the midst of their annual migration past
sea lice laden farms. Write to:

BC premier Gordon Campbell: premier@gov.bc.ca
Prime Minister Stephen Harper: pm@pm.gc.ca

Date and Time: Tuesday May 6th, 11 am
Place: BC Supreme Court, Nelson and Hornby Street

 

[Red Monster]

Thanks! Will do.

 

[Red Monster]

Thanks! Will do.

 

[Islandgirl]

Done and thanks for the addresses CC

 

[Islandgirl]

Done and thanks for the addresses CC

 

[KoneZone]

I joined and have told lots of others. Mike

 

[KoneZone]

I joined and have told lots of others. Mike

 

[gimp]

http://canadianpress.google.com/article/ALeqM5iwbditv6_oo2b6mImWRzG_NdD-uw

VANCOUVER — Some of the most vociferous critics of fish farming on the West Coast say they will ask a B.C. court to prevent the provincial government from renewing leases on existing fish farms.

Biologist Alexandra Morton says she and an association of gillnetters, the Vessels Owners Association and the Wilderness Tourism Association will file a petition today in B.C. Supreme Court.

Their move comes about a month after the latest scientific report on sea lice off the B.C. coast says the infestation near Campbell River fish farms has spread beyond pink and chum salmon to juvenile sockeye and herring.

Morton says the petition challenges the right of the B.C. government to regulate fish farms and issue licenses.

It also calls for a judicial review to prevent the government from renewing leases on existing fish farms and names the minister of agriculture and lands, the attorney general of B.C. and Marine Harvest Canada as defendants.

The fish farm opponents say there are 22 fish farms operating with expired leases in the Broughton Archipelago</u>, near the northern tip of Vancouver Island.

WOW is this true ??????


Also here
http://www.huffstrategy.com/MediaMa...nments-right-to-regulate-fish-farms/1097.html

Group challenges BC Government's right to regulate fish farms
May 6th, 2008 2:16 PM
Noted salmon scientist, tourism operators and commercial fishers file Constitutional challenge in effort to save BC wild salmon fishery

Group challenges BC Government's right to regulate fish farms

(May 6, 2008, Vancouver, BC) Biologist Alexandra Morton, the Area E Gill-netters Association, the Vessels Owners Association and the Wilderness Tourism Association have filed a petition in the BC Supreme Court challenging the Constitutional right of the BC Government to regulate fish farms and issue licenses. The Petition is for judicial review preventing the government from renewing leases on existing fish farms and names the Minister of Agriculture and Lands, BC Attorney General and Marine Harvest Canada.

The legal challenge is in response to 22 fish farms operating with expired leases in the Broughton Archipelago (near the northern tip of Vancouver Island) and which have applied to increase their size and extend their production tenures to 20 years.

Fish farms encourage artificially high populations of sea lice which feed on young wild salmon as they migrate to the oceans from their nursery streams. Young salmon at this growth stage, lack scales and are vulnerable to sea lice originating from the fish farms.

Under s. 91 of the Constitution Act, the powers to regulate "Seacoast and Inland Fisheries" are exclusively granted to the federal government. Lawyers for the Petitioners will argue that protection of Canadian marine waters and Canada's fisheries is the clear responsibility of the federal government. The Constitutional rights of the provincial government in the marine environment are limited to the seabed, and provincial legislation purporting to regulate and issue private fish farm licenses is unconstitutional.

The case will also involve a challenge to a Memorandum of Understanding which was quietly signed between the federal and provincial governments in 1988. It handed over fish farm regulation to the province.

"The Province is doing a shameful job of protecting wild salmon from sea lice and other fish farm damage," says Alexandra Morton, who has lived in the Broughton Archipelago for 25 years, and has published a series of scientific studies on escaped farm salmon, fish farms displacing killer whales and the impact of farm lice on salmon and herring.

"While the BC Government has no role or responsibility for wild salmon, they collect lease revenue from fish farms and thus have an interest in the expansion of the industry. At the same time, the federal government has withdrawn and abdicated their responsibility to protect our wild fish. This arrangement is fatal to wild salmon from the Fraser River to the Central coast and must change immediately," said Morton.

The litigation team is led by Gregory J. McDade, Q.C., (Ratcliff & Company, North Vancouver). Mr. McDade is the former head of the Sierra Legal Defence Fund (now EcoJustice), and a noted environmental and aboriginal lawyer. Funds for this legal action were supplied by the West Coast Environmental Law Association, central coast fishing lodge owners and from individuals all over the world via www.adopt-a-fry.org.

Bob McKamey of the Area E Gillnetters Association representing commercial fisherman operating in the affected region said, "We're concerned about protecting wild salmon because we believe that handing over power to the province will lead to increased privatization of the ocean and an escalation of private fish farming. The public right to the ocean fishery goes back to the Magna Carta, and only the federal government has the right to regulate that."

"The current government farm split jurisdiction management is not working. Open net caged salmon farms not only threaten juvenile wild salmon survival but also endanger bears, eagles, whales, and other wildlife that our nature-based tourism industry depends on for survival," said Brian Gunn President of the Wilderness Tourism Association.

"Two decades ago the federal government said fish farms had no impact on the marine environment and handed the industry over to the province. In that time, the province has not paid attention to how these farms are affecting wild salmon. As a result, wild salmon stocks are in exceptional decline everywhere there are fish farms. Our legal challenge will show that fish farm leases in British Columbia are unlawful, unconstitutional and invalid."

Go Alex

 

[gimp]

http://canadianpress.google.com/article/ALeqM5iwbditv6_oo2b6mImWRzG_NdD-uw

VANCOUVER — Some of the most vociferous critics of fish farming on the West Coast say they will ask a B.C. court to prevent the provincial government from renewing leases on existing fish farms.

Biologist Alexandra Morton says she and an association of gillnetters, the Vessels Owners Association and the Wilderness Tourism Association will file a petition today in B.C. Supreme Court.

Their move comes about a month after the latest scientific report on sea lice off the B.C. coast says the infestation near Campbell River fish farms has spread beyond pink and chum salmon to juvenile sockeye and herring.

Morton says the petition challenges the right of the B.C. government to regulate fish farms and issue licenses.

It also calls for a judicial review to prevent the government from renewing leases on existing fish farms and names the minister of agriculture and lands, the attorney general of B.C. and Marine Harvest Canada as defendants.

The fish farm opponents say there are 22 fish farms operating with expired leases in the Broughton Archipelago</u>, near the northern tip of Vancouver Island.

WOW is this true ??????


Also here
http://www.huffstrategy.com/MediaMa...nments-right-to-regulate-fish-farms/1097.html

Group challenges BC Government's right to regulate fish farms
May 6th, 2008 2:16 PM
Noted salmon scientist, tourism operators and commercial fishers file Constitutional challenge in effort to save BC wild salmon fishery

Group challenges BC Government's right to regulate fish farms

(May 6, 2008, Vancouver, BC) Biologist Alexandra Morton, the Area E Gill-netters Association, the Vessels Owners Association and the Wilderness Tourism Association have filed a petition in the BC Supreme Court challenging the Constitutional right of the BC Government to regulate fish farms and issue licenses. The Petition is for judicial review preventing the government from renewing leases on existing fish farms and names the Minister of Agriculture and Lands, BC Attorney General and Marine Harvest Canada.

The legal challenge is in response to 22 fish farms operating with expired leases in the Broughton Archipelago (near the northern tip of Vancouver Island) and which have applied to increase their size and extend their production tenures to 20 years.

Fish farms encourage artificially high populations of sea lice which feed on young wild salmon as they migrate to the oceans from their nursery streams. Young salmon at this growth stage, lack scales and are vulnerable to sea lice originating from the fish farms.

Under s. 91 of the Constitution Act, the powers to regulate "Seacoast and Inland Fisheries" are exclusively granted to the federal government. Lawyers for the Petitioners will argue that protection of Canadian marine waters and Canada's fisheries is the clear responsibility of the federal government. The Constitutional rights of the provincial government in the marine environment are limited to the seabed, and provincial legislation purporting to regulate and issue private fish farm licenses is unconstitutional.

The case will also involve a challenge to a Memorandum of Understanding which was quietly signed between the federal and provincial governments in 1988. It handed over fish farm regulation to the province.

"The Province is doing a shameful job of protecting wild salmon from sea lice and other fish farm damage," says Alexandra Morton, who has lived in the Broughton Archipelago for 25 years, and has published a series of scientific studies on escaped farm salmon, fish farms displacing killer whales and the impact of farm lice on salmon and herring.

"While the BC Government has no role or responsibility for wild salmon, they collect lease revenue from fish farms and thus have an interest in the expansion of the industry. At the same time, the federal government has withdrawn and abdicated their responsibility to protect our wild fish. This arrangement is fatal to wild salmon from the Fraser River to the Central coast and must change immediately," said Morton.

The litigation team is led by Gregory J. McDade, Q.C., (Ratcliff & Company, North Vancouver). Mr. McDade is the former head of the Sierra Legal Defence Fund (now EcoJustice), and a noted environmental and aboriginal lawyer. Funds for this legal action were supplied by the West Coast Environmental Law Association, central coast fishing lodge owners and from individuals all over the world via www.adopt-a-fry.org.

Bob McKamey of the Area E Gillnetters Association representing commercial fisherman operating in the affected region said, "We're concerned about protecting wild salmon because we believe that handing over power to the province will lead to increased privatization of the ocean and an escalation of private fish farming. The public right to the ocean fishery goes back to the Magna Carta, and only the federal government has the right to regulate that."

"The current government farm split jurisdiction management is not working. Open net caged salmon farms not only threaten juvenile wild salmon survival but also endanger bears, eagles, whales, and other wildlife that our nature-based tourism industry depends on for survival," said Brian Gunn President of the Wilderness Tourism Association.

"Two decades ago the federal government said fish farms had no impact on the marine environment and handed the industry over to the province. In that time, the province has not paid attention to how these farms are affecting wild salmon. As a result, wild salmon stocks are in exceptional decline everywhere there are fish farms. Our legal challenge will show that fish farm leases in British Columbia are unlawful, unconstitutional and invalid."

Go Alex

 

[abbyfireguy]

Put all the farms on dry land where their effluent and lice can be managed 100%.
Getting tired of the government big business crap related to these cesspools.
Enough is enough,time for some action and concrete solutions. Stop playing the blame game pass the buck B.S.
The Feds and the Province need to get their crap together and deal with this problem.I am tired of listening to verbal diarhhea from fisheries ministers at both levels trying to convince us that the fish farms are wonderful and add no bad things to the oceans.
...What a load of crap(sorry for the pun).[:I]

 

[cohochinook]

Just saw a spot on the 6PM Global Vancouver News on the challenge. Good to see the coverage. Media pressure can have an impact. Let's hope she persuades the court. Pretty courageous of her to tackle this issue!

 

[Little Hawk]

Howdy,

Indeed, this is a very couragous undertaking for her.
Alex has been studying and watching what the net-pen business has done to the Broughton for a quarter-century.

She knows all about industry-government conspiracy and the DFO's (Dead Fish Organization)dismal failure to vanquish this menace from our waterways.

I whole heartedly encourage each and every one of you to support her in her efforts to bring legal leverage into play here.

Don't forget, she is also on the committee of the Wild Salmon Alliance, which was born right here - on this forum.

Standing for Wild Salmon,

Terry Anderson

 

[islandboy]

I am curious as to wether the situation of fish farms along our coast has had any affectd on the Salmon collapse along the West Coast of the USA? We went to a slot closure to protect returning USWC adult fish. Do the fry migrate north through our fish farms? Does the US west coast media know of our concerns about Fry mortality? Has this been explored? What effect would negative publicity in the states have regarding the placement of fish farms?

 

[agentaqua]

quote:Originally posted by islandboy

I am curious as to wether the situation of fish farms along our coast has had any affectd on the Salmon collapse along the West Coast of the USA? We went to a slot closure to protect returning USWC adult fish. Do the fry migrate north through our fish farms? Does the US west coast media know of our concerns about Fry mortality? Has this been explored? What effect would negative publicity in the states have regarding the placement of fish farms?

Excellent insight, comment, and question - Islandboy.

It is well known that smolts from southern BC and the northern US Pacific states migrate North along the coast - within 25km from shore (Orsi et al. 1997, and http://www.cifar.uaf.edu/salmonsound.html).

This would mean that a portion of all smolts South of Vancouver Island would get funneled North along the East side of Vancouver Island and through the Broughton via Queen Charlotte, Broughton and Johnston Straits; while most of the smolts originating in the Strait of Georgia and the Fraser River would be expected to be similarly funneled through the outer Broughton. (It would be expected that smolts from western Vancouver Island and a portion from Western Washington and Oregon states would miss migrating through the Broughton).

Confirming this assumption; recent offshore trawl surveys in Southern Hecate Strait (just North of the Broughton) indicate there is a large proportion of Vancouver Island and Fraser River juvenile sockeye caught in the trawls in early summer and a large proportion of Central Coast juvenile sockeye (especially Rivers Inlet sockeye) are caught later in the season, as identified through DNA analysis. These smolts may be at most risk from interactions between open net-cages and their effluents of sea lice.

This means that the placement of the net-cages in the Broughton would potentially interact with salmon smolts from all of the northern US states, most of Southern BC (poss. exception western Vancouver Island and Western Washington and Oregon states), and potentially put the entire southern and eastern Pacific salmon stocks at some level of risk.

Then, if these smolts pick-up sea lice and/or other diseases or parasites from open net-pens or other wild stocks - they take these increased loads of parasites and/or diseases into Northern BC, and Alaska - if they survive.

See: http://www.sportfishingbc.com/forum/topic.asp?TOPIC_ID=8847&whichpage=1
for a frank and open discussion about how that is allowed to happen.